Customer service agreement Pre-paid accounts 1 Who we are

ConnectEast Pty Ltd is the operator of the EastLink® toll road, under a concession from the State of . Breeze® is the name of our tolling account products, including tag accounts and non-tag accounts.

2 This agreement

2.1 Features of this agreement c) your obligations to keep a positive balance in your account, to make or authorise the This agreement is for the Pre-Paid Account payments required by this agreement, to look (account) that you have with us and applies after Tags issued to you (where applicable) to both Pre-Paid Tag Accounts and Pre-Paid and to keep your Account Details up-to-date; Non-Tag Accounts unless indicated otherwise. The type of account you have chosen is confirmed d) our rights to charge your account for use of in your welcome letter from us. This agreement EastLink, CityLink and other Compatible Toll covers the rights and obligations attached to Roads, and to suspend or close your account the account, including: if you don’t comply with your obligations; a) your rights to use each Vehicle and Tag e) our obligations to provide you with (where applicable) linked to your account statements about your use of EastLink, for travel on EastLink, CityLink and other CityLink and other Compatible Toll Roads Compatible Toll Roads (if any); and to maintain the privacy of your Personal Information. b) registration of each Vehicle linked to your account on the EastLink Register;

® EastLink, Breeze and ConnectEast are registered trademarks of ConnectEast Pty Ltd. 2.2 Commencement of this agreement c) if you applied in person, when you indicate your acceptance. This agreement commences when you accept this agreement. You’ll be deemed to have If you don’t accept the terms of this accepted this agreement: agreement, you must: a) If you applied online, when you indicate i) for a Pre-Paid Tag Account return the Tag your acceptance on our Website; or to us as soon as possible, without opening the seal of the Tag pack; and b) if you applied over the phone or by post: ii) for a Pre-Paid Non-Tag Account notify i) for a Pre-Paid Tag Account, when, us of this fact as soon as possible. after being provided with a copy of this agreement and a Tag, either: We’ll refund any money you have paid in relation to opening the account. A) you open the seal of the Tag pack; or

B) a Vehicle linked to your Tag is 2.3 Registration detected travelling on EastLink, Each Vehicle linked to your account will be CityLink or a Compatible Toll Road; or registered on the EastLink Register. When C) you fail to notify us within 5 business you accept this agreement, commencement days that you don’t accept the terms of registration will be effective from the time of this agreement, you asked us to open your account, or any earlier time in accordance with clause 2.4(a). whichever happens first; or If your Vehicle is not registered for use on ii) for a Pre-Paid Non-Tag Account, when, EastLink and your Vehicle travels on EastLink, after being provided with a copy of this the driver or the registered owner may receive agreement, either: an invoice or request for payment from us and may be guilty of an offence under the Act. A) a Vehicle linked to your account is detected travelling on EastLink, 2.4 Application to earlier travel CityLink, or another Compatible Toll Road; or This agreement also applies to any travel on EastLink, CityLink and other Compatible Toll B) you fail to notify us within 5 business Roads in Vehicles linked to your account in: days that you don’t accept the terms of this agreement, a) the 3 days before you asked us to open your account; and whichever happens first; or b) the time, if any, between you asking 3 us to open your account, and the commencement of this agreement. 3 Your account

3.1 Tags and Vehicles 3.4 Additional statements a) There is no upper limit on the number of You may ask to receive your statements Tags (where applicable) or Vehicles you can more frequently than quarterly. However, an link to your account, subject to a satisfactory Additional Statement Fee will be charged to credit check. However, you must: your account for each statement we mail to you in addition to your quarterly statement. i) for a Pre-Paid Tag Account, link at least one Vehicle for each Tag linked to your 3.5 Account Set Up Amount account; and The Account Set Up Amount paid by you ii) for a Pre-Paid Non-Tag Account, link at the time you open your account forms at least one Vehicle to your account. the opening balance for your account and b) You may ask us to add new Tags (where operates as a credit to the applicable tolls applicable) or Vehicles to your account or and fees that are charged to your account. remove Tags or Vehicles from your account at any time by notifying us of the Account 3.6 Payment options Details that we need. You can pay amounts into your account or other amounts due to us under this 3.2 Changes to Account Details agreement by any of the payment options You must notify us of any change to your listed on our Website and on your statements. Account Details as soon as possible, and not These include cash and direct debits from later than 3 business days after the change a bank account or credit card. We’ll treat takes effect. If you don’t notify us of a change payments as made when we receive them. in your Account Details, you might not receive important information from us or you might 3.7 Keeping your account balance positive incur additional charges. a) You must keep at least the Minimum Balance in your account at all times. 3.3 Statements b) If at any time the balance of your account is We’ll provide you with a quarterly statement less than the Minimum Balance, you must that shows the amounts credited and charged restore your account balance to at least the to your account, including applicable tolls and Minimum Balance by paying the required fees for use of EastLink, CityLink and other amount into your account. If the required Compatible Toll Roads. You can also view up amount is less than the Top Up Amount, to date information about amounts credited or you must pay at least the Top Up Amount. charged to your account and copies of previous statements by logging onto our Website. c) If you’ve authorised automatic top up 3.10 Minimum Annual Tag Usage Amount payments, we’ll top up your account for Pre-Paid Tag Accounts by debiting your bank account or credit If the Annual Tag Usage for any of your card with a single payment equal to the Commercial Vehicle Tags is less than the minimum number of multiples of the Top Minimum Annual Tag Usage Amount for any Up Amount required to restore your account of the first three Tag Years, we’ll charge your balance to at least the Minimum Balance. account with an extra amount equal to the d) If you haven’t authorised automatic top up difference between the Minimum Annual Tag payments, we’ll notify you when you need Usage Amount and the Annual Tag Usage. to top up your account. This does not apply to Tags for Vehicles that aren’t Commercial Vehicles. e) If at any time your account does not have a positive balance, this will be a Trigger Event 3.11 Top Up Fee for a flexible payment and we may suspend or close your account Non-Tag Account in accordance with clause 9.1. Clauses 9.3 and 9.4 explain the effect of suspension For a flexible payment Non-Tag Account, each or closure of your account. time a Top Up Amount is paid in accordance with clause 3.7 we may also charge you a Top 3.8 Payment Up Fee. This Top Up Fee will be charged on all Top Up Amounts which are less than the Top You may pay an amount into your account Up Threshold Amount. Not more than one Top at any time, including when the balance Up Fee will apply to any single Top Up Amount. of your account equals or exceeds the Minimum Balance. 3.12 KPI Credit

3.9 Amounts due generally We are subject to performance indicators, which if not met may entitle you to a KPI If you agree to pay, or owe us, any amount Credit. We’ll notify you if you become eligible under this agreement, we may charge it to to receive a KPI Credit. Any such KPI Credit will your account. If we charge to your account be made available as a credit to your account an amount less than the amount owing, this for future travel on EastLink. doesn’t limit our right or ability to charge to your account or otherwise recover from you the remainder of that amount.

5 4 Your Tags

4.1 Application of this clause 4.4 Tag Replacement Fee

This clause 4 only applies to Pre-Paid If your Tag is lost, damaged or destroyed, Tag Accounts. each time you ask us to issue you with a replacement Tag, you must pay the 4.2 Ownership of Tags Tag Replacement Fee when we issue the replacement Tag to you. We’ll hold the Tag Each Tag issued to you remains our property Replacement Fee as a deposit for three years. at all times. You have no ownership rights We’ll refund the Tag Replacement Fee if your in the Tags. account is closed within three years after we issue the replacement Tag to you. Otherwise, 4.3 Use of your Tags after three years the Tag Replacement Fee You must: will be credited to your account. a) retain possession of your Tags at all times unless we notify you otherwise; 5 Licence plates on b) ensure that your Tag isn’t lost, stolen, your Vehicles damaged or destroyed; and You must ensure that the licence plates for each c) install, use, return or dispose of your Tags of your Vehicles are correctly fitted and displayed in accordance with our instructions. This whenever your Vehicle travels on EastLink, includes only using your Tags in your CityLink or another Compatible Toll Road. Vehicles that are of the same class as the Tag. For example, don’t use a Tag for a car in a Commercial Vehicle. 6 Using EastLink

6.1 EastLink Tolls and other charges 6.3 Travel on EastLink with a Pre-Paid Non-Tag Account The EastLink Tolls and other charges are published in the Victorian Government Gazette If we detect your Vehicle travelling on EastLink, and are available on our Website. We change we’ll charge your account with the applicable them in line with inflation on 1 July each year. EastLink Tolls plus the Image Processing Fee We may also have special promotions from for each and every trip. time to time which you can see on our Website. 7 Using CityLink and other 6.2 Travel on EastLink with a Pre-Paid Tag Account Compatible Toll Roads a) If we detect your Tag travelling on EastLink, 7.1 Applicable charges we’ll charge your account with the a) You’ll need to check with the relevant toll applicable EastLink Tolls. road operator to find out the applicable b) Subject to paragraph (c), if we detect your charges for travel on other toll roads. Vehicle travelling on EastLink but don’t Tolls and any other applicable charges detect your Tag, and the failure to detect for travel on other toll roads aren’t your Tag isn’t attributable to our Tolling available on our Website. System or a faulty Tag, we’ll charge your b) If the operator of CityLink or another account with the applicable EastLink Tolls Compatible Toll Road contacts you directly plus the Image Processing Fee. and requires you to pay the applicable c) We won’t charge you the Image Processing charges and administrative fees for travel Fee for any travel on EastLink by your Vehicle on CityLink or that other Compatible Toll from the date of registration of your Vehicle Road, that may be because your Account under clause 2.3 until the time you Details are not up to date. In that case, receive your Tag. you should contact us promptly.

7 8 Lost or stolen items

7.2 Travel on CityLink and other Compatible 8.1 Notification of Lost Item Toll Roads with a Pre-Paid Tag Account If any of your Tags or your Vehicles or the This clause 7.2 only applies to Pre-Paid licence plate for any of your Vehicles (each Tag Accounts. a Lost Item) is lost or stolen, you must notify us. You must provide us with a statement in a) If we’re notified by the operator of CityLink writing relating to the Lost Item if we ask for it. or another Compatible Toll Road that it detected your Tag travelling on CityLink 8.2 Notification of Recovered Item or that other Compatible Toll Road, we’ll charge your account with the applicable If a Lost Item has been recovered or replaced charges imposed by CityLink or that (in either case, a Recovered Item), you must other Compatible Toll Road operator. notify us with the Account Details we need before you allow the Recovered Item to travel b) If we’re notified by the operator of CityLink or on EastLink, CityLink or another Compatible another Compatible Toll Road that it detected Toll Road. If you don’t do so and the Recovered your Vehicle travelling on CityLink or that Item is detected travelling on EastLink, CityLink other Compatible Toll Road but didn’t detect or another Compatible Toll Road, the driver your Tag, we’ll charge your account with the or the registered owner of the Vehicle may applicable charges imposed by CityLink or receive an invoice or request for payment that other Compatible Toll Road operator. and may be guilty of an offence. These charges may include any applicable image processing fee (unless the failure to 8.3 Charges for travel on EastLink, CityLink detect your Tag is attributable to a faulty Tag). or other Compatible Toll Roads

7.3 Travel on CityLink and other Compatible a) If you’ve done the things referred to in Toll Roads with a Pre-Paid Non-Tag Account clause 8.1, and your Lost Item is detected on EastLink, CityLink or another Compatible Toll This clause 7.3 only applies to Pre-Paid Road, we won’t charge your account with Non-Tag Accounts. the applicable charges for that travel (or If we’re notified by the operator of CityLink or we’ll credit these amounts to your account another Compatible Toll Road that it detected if they have already been charged). your Vehicle travelling on CityLink or that other b) We’ll charge your account with the Compatible Toll Road, we’ll charge your account applicable charges for travel if a Recovered with the applicable charges imposed by CityLink Item is detected on EastLink, CityLink or or that other Compatible Toll Road operator. another Compatible Toll Road on or after These charges may include any applicable the date that we believe, on reasonable image processing fee. grounds, or that you notify us, is the date that you obtained the Recovered Item. 9 Suspension and closure

9.1 Trigger Events 9.3 Effect of suspension or closure on registration a) The following table (foot of page) lists the grounds upon which we may suspend or a) If your account is suspended, the registration close your account (each a Trigger Event). of your Vehicles on the EastLink Register will be suspended. b) We won’t suspend or close your account if you take the corresponding Remedial Action b) If your account is closed, the registration within the corresponding notice period. of your Vehicles on the EastLink Register will be cancelled. c) We’ll notify you when we suspend or close your account. 9.4 Effect of suspension or closure on travel d) A suspension of your account means If any of your Tags (where applicable) or that your rights under this agreement your Vehicles is detected travelling on EastLink, are temporarily suspended until you take CityLink or another Compatible Toll Road while the required Remedial Action. If your your account is suspended or after your account has been suspended, we’ll end account has been closed: the suspension if you take the required a) this agreement won’t apply to such Remedial Action. We’ll notify you when travel on EastLink, CityLink or that other we end the suspension. Compatible Toll Road; 9.2 Voluntary closure b) the registered owner or driver of the Vehicle You may ask us to close your account may be guilty of an offence and liable to pay at any time by notifying us. a penalty under the Act or the applicable legislation for CityLink or that other Compatible Toll Road; and

Trigger Event Notice period Remedial Action

There is no credit on 7 days Pay the required Top Up Amounts your account into your account

You don’t comply with one or 5 days Comply with the relevant obligations more of your other obligations under this agreement 9 We’re required by law to 5 days or less Comply with requirements as notified suspend or close your account if required by law to you, if any c) the registered owner or driver of the c) Despite clause 9.6(b), you won’t be Vehicle may receive an invoice or request required to pay the Tag Missing Fee if, prior for payment of the applicable tolls and to incurring the obligation to pay the Tag fees for that travel on EastLink, CityLink Missing Fee, you’ve paid an aggregate or the Compatible Toll Road. amount of EastLink Tolls in respect of your account equal to or exceeding the Tag 9.5 Payments for travel before Missing Fee Waiver Amount. suspension or closure 9.7 Payment obligations on closure After suspension or closure of your account, we of your account may charge your account with the applicable tolls and fees for travel by your Tags (where a) Within 14 days after your account is closed, applicable) or your Vehicles on EastLink, CityLink you must pay to us the sum of: or any other Compatible Toll Road that occurred i) any negative balance in your account; before suspension or closure of your account. ii) any Tag Missing Fee (where applicable) 9.6 Obligation to return Tags that you haven’t paid which was due under clause 9.6(b); and This clause 9.6 only applies to Pre-Paid Tag Accounts. iii) any other amounts you owe us under this agreement. a) When your account is closed you must return all your Tags that you haven’t b) Within 14 days after your account is closed, already returned. we’ll pay to you the sum of: b) You must pay to us the Tag Missing Fee for: i) any positive balance in your account;

i) each Tag you don’t return within 7 days ii) the Tag Replacement Fee for each after your account is closed; and replacement Tag issued to you (where applicable) within 3 years before the ii) each Tag you return within 7 days after date your account is closed, except if your account is closed that is damaged this amount has already been credited (beyond fair wear and tear). to your account; and

iii) any other amounts we owe you under this agreement. 10 Changes to this agreement c) We may reduce the amount payable by us a) We may change any of the terms of this under clause 9.7(b) by the amount payable agreement at any time by publishing the by you under clause 9.7(a) if you fail to pay changed terms on our Website with details that amount within the time required under of how you may get a copy of them. clause 9.7(a). b) Except where clause 10(c) applies, we’ll notify you of any changes at least 14 days 9.8 Ending this agreement prior to them taking effect. If you don’t This agreement will end when: accept these changes, you must close your account in accordance with clause 9.2 prior a) your account is closed; and to the changes taking effect. b) the registration of all your Vehicles on c) Where changes are neutral or beneficial to the EastLink Register is cancelled; and you, we’ll notify you of the changes no later c) the 14 day period specified in clause than the next statement issued after the 9.7 has expired. changes take effect. Clause 6.1 applies to changes to EastLink Tolls and other charges. However, this won’t affect your obligation to pay all amounts due under clauses 9.6(b) (where applicable) and 9.7 and any other 11 Privacy outstanding obligations, such as your obligation to pay the applicable charges 11.1 Dealing with Personal Information for travel on EastLink, CityLink or another You agree to us collecting, using and Compatible Toll Road prior to closure of disclosing your Personal Information your account and our obligation to pay as necessary for this agreement and any amount owed to you. in accordance with our privacy policy.

11.2 Our privacy policy

Our privacy policy (which is available on our Website, on request or at an EastLink customer centre) sets out details of how we collect, use and disclose your Personal Information and explains how you can access the Personal Information we hold about you and seek to have it corrected.

11 12 General

12.1 Notices to you

When we’re required to give you a notice (including a statement), we may notify you by any of the following methods and you and all the drivers and registered owners of the Vehicles linked to your account will be taken to have received the notice at the corresponding time specified in the table below:

Notice method Time when you’re taken to have received the notice

Giving the notice to you personally When we give the notice to you

Leaving the notice at the address that you last When we leave the notice at your address gave us for your account

Sending the notice by post to the address that Three business days after we post the notice you last gave us for your account

Sending the notice by fax to the fax number At the time the fax was sent successfully, that you last gave us for your account according to the transmission report

Sending the notice by email to the email The day after we send the notice by email address that you last gave us for your account

Sending the notice by SMS to the mobile phone The day after we send the notice by SMS number that you last gave us for your account

For a Pre-Paid Tag Account, activating a When we signal the Tag to produce the particular beep pattern on your Tag - refer to beep pattern our Website for an explanation of the various beep patterns

Any other way the law allows When you receive the notice 12.2 Notices to us

You may give notices to us by any of the following methods and we’ll be taken to have received the notice at the corresponding time specified in the table below. We’ll notify you if our contact details change.

Notice method Time when we’re taken to have received the notice

Telephoning us on (03) 9955 1400 When you have provided all the relevant information to us

Delivering the notice to us at EastLink When the notice has been delivered Operations Centre, 2 Hillcrest Avenue, Ringwood VIC 3134

Sending the notice by post to EastLink, Three business days after you post the notice PO Box 744, Ringwood, VIC 3134

Sending the notice by fax to At the time the fax was sent successfully, (03) 9955 1401 according to the transmission report

Sending the notice by email to The day after you send the notice by email [email protected]

13 12.3 Enquiries, complaints and disputes 12.4 Our liability a) If you have an enquiry or a dispute a) We’ll use reasonable care and skill or wish to make a complaint about in providing our services but we cannot the operation of your account or this guarantee that they’ll be fault free. agreement, you should contact us. b) This agreement doesn’t require us to b) You may contact us by visiting the ensure that EastLink, CityLink or any other EastLink customer centre, by emailing Compatible Toll Road is available for use [email protected] or by telephoning or is of any particular standard or state 1800 118 650 or on another number we of repair. This agreement doesn’t impose notify to you. Where this agreement refers or imply any liability to you for any loss or you to our Website for further information, damage arising from your use of EastLink, you can get the same information by CityLink or any other Compatible Toll Road. contacting us by telephone. c) You have certain implied rights under c) A customer service officer will respond consumer protection laws and this to you as soon as possible. If you’re not agreement doesn’t exclude, restrict or satisfied with our response, you can ask limit any rights which cannot lawfully be to have the matter reviewed by our excluded, restricted or limited. Where it is customer relations team. reasonable and lawful to do so, our liability is limited to resupplying or paying the d) If you are still not satisfied with our cost of resupplying relevant services and response, you may take your complaint repairing, replacing or paying the cost of to the EastLink Customer Advocate. repairing or replacing relevant goods. Contact details for the EastLink Customer Advocate and information about the role d) Subject to this clause 12.4 we exclude all of the EastLink Customer Advocate are other liability to you for breach of contract, available on our Website. negligence or breach of any other law, and all liability to you for any indirect or consequential damages arising from this agreement. 12.5 Assignment Act means the EastLink Project Act 2004 (Vic) including regulations and other instruments We may assign our rights under this under it and consolidations, amendments, agreement to another person at any time re-enactments or replacements of without notifying you. If you wish to change any of them. the person who is the customer for your account, you must ask us. Annual Tag Usage means the aggregate EastLink Tolls charged to your account for 12.6 Governing law a Tag in a Tag Year.

This agreement is governed by the CityLink means the Link road and Extension laws of Victoria. road as defined in the City Link Act 1995 (Vic), and any part of those roads.

13 Interpretation Commercial Vehicle means a Heavy Commercial Vehicle or a Light Commercial 13.1 Definitions Vehicle (each as defined on our Website).

Account Details means: Compatible Toll Road means CityLink and the a) your name and address to which other toll roads (if any) listed on our Website statements and other correspondence with whom we have an agreement under should be posted; which we’ll charge your account with the applicable charges for travel on those toll b) the Licence Plate Details for each Vehicle roads by your Vehicle for this kind of account. linked to your account; and c) such other information as we require to open and administer your account, which may include your bank account or credit card details.

15 EastLink means the road connecting the Licence Plate Details means the licence plate Eastern Freeway at Springvale Road to the number and the State in which the licence and to the Frankston plate is registered. Freeway at Seaford. Minimum Balance means the amount from EastLink Register means the register of time to time specified on our Website for this Vehicles established and maintained by kind of account, or any higher amount agreed us in accordance with the Act. by you, as the balance of your account that will trigger the requirement to pay at least the EastLink Tolls means the tolls payable Top Up Amount under clause 3.7(b). for travel on EastLink. Personal Information means information about KPI Credit means the key performance indicator you, from which your identity could reasonably credit to which you may be entitled based on be ascertained, including your Account Details, our performance and calculated and payable records of your use of EastLink, CityLink and other in accordance with our agreement with the Compatible Toll Roads including photographs Government of Victoria. and video, and financial information relating to your account including your balance, payments made and amounts owing. Tag means an electronic device issued by us we means ConnectEast Pty Limited, ABN by which we can track the use by Vehicles of 99 101 213 263, and our and us have EastLink, CityLink and other Compatible Toll corresponding meanings. Roads. A reference to your Tag means any Website means http://www.eastlink.com.au Tag linked to your account. or such other website as we may notify you Tag Year means, for each Tag we issue from time to time. to you, a period of 12 consecutive months you means the customer specified in commencing on the date of issue of the Tag the application for an account under this to you and on each anniversary of that issue agreement or, where appropriate in the date. Where a Tag is replaced, a Tag Year is context, the driver of a Vehicle linked calculated by reference to the date of issue to your account, and your has a of the original Tag. corresponding meaning. Tolling System means the physical, hardware, software, firmware and other aspects of the tolling system used for detecting, identifying, tolling, and charging fees for the use of, or otherwise in connection with, EastLink.

Vehicle means a motor vehicle as that term is defined in the Road Safety Act 1986 (Vic). A reference to your Vehicle means any Vehicle linked to your account.

17 13.2 Interpretation c) the singular includes the plural and vice versa; Unless the contrary intention appears, a reference in this agreement to: d) the word “person” includes an individual, a firm, a body corporate, a partnership, a) the Account Set Up Amount, Additional a joint venture, an unincorporated body Statement Fee, Image Processing Fee, or association, or any government agency; Minimum Annual Tag Usage Amount, Tag Missing Fee, Tag Missing Fee Waiver e) an agreement, representation or warranty Amount, Tag Replacement Fee or Top Up by two or more persons binds them jointly Amount, Top Up Fee or Top Up Threshold and each of them individually; and Amount means the amount published f) a period of time dating from a given day in the Victorian Government Gazette or the day of an act or event, is to be and specified on our Website for that calculated exclusive of that day. respective amount or fee for this kind of account (or, for the Account Set Up Amount and Top Up Amount, any greater amount agreed by you); b) a document (including this agreement) includes any variation or replacement of it; Ways to contact us Customer centre Corner of Hillcrest Avenue and Phone , Ringwood, (03) 9955 1400 Vic 3134 ( 49 E9) Internet TTY EastLink.com.au 13 36 77 Email Speech to speech relay [email protected] 1300 555 727 Mail EastLink, PO Box 744, Ringwood, Vic 3134 Phone (03) 9955 1400

Internet EastLink.com.au CE-MK-B-035 JULY 2019